[Adopted 12-12-1962 (§§2-21.5 to 2-21.7 of the Revised General Ordinances), as amended through Ord. No. O-81-24]

Except as hereinafter provided, the initial cost of all trees planted by the Shade Tree Commission, the cost of planting same, the cost of items used for their protection and the cost of removal of any tree or part thereof, dangerous to public safety, shall, if the Commission so determines, be a charge upon the real estate in front of which the tree shall have been planted or removed. The cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified to the Collector of Taxes and shall thereupon be a lien upon the real estate and shall be included in the next tax bill rendered to the owner and collected in the same manner as other taxes against the property. The provisions of this article shall not apply to a planting to replace a tree planted by the Commission or a planting in connection with Arbor Day exercises or other educational demonstration.

The owner of real estate in front of which a tree or trees have been planted shall trim the branches from any such trees overhanging in the streets and highways so that the light from streetlights is not obstructed and so that there shall be a clear height of 13.6 feet above the surface of the street and eight feet above any sidewalk. Failure or refusal to trim any tree as set forth in this section following written notice by the Shade Tree Commission shall entitle the Commission to perform the work, the cost of which shall be certified to the Collector of Taxes, and shall thereupon be a lien upon the real estate and shall be included in the next tax bill rendered to the owner and collected in the same manner as other taxes against the property.

In every case where the owner will be charged with the cost of planting any shade tree, the Shade Tree Commission shall give notice of the meeting at which it is proposed to consider the planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the Township, or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street or portions thereof on which the planting is proposed and require all persons who may object to present their objections in writing at the office of the Commission at or before the meeting. Before final action is taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove or cause the removal of a tree or part of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.

No statute giving any person, state, county or municipal board, body or official power or authority to lay sidewalk along or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction the tree is located. In all cases, the Commission shall reasonably cooperate with the person, board, body or official for the general public good.

Nothing in this article shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.